Revolution by Judicial Decree: A Review of Professor Peter Watts KC’s “Ellis v R, A Revolution in Aotearoa New Zealand, Welcome or Not”
Revolutions conjure images of violent uprisings, the storming of institutions, and the forcible overthrow of existing orders. But constitutional foundations can be destroyed through more subtle means. When judges discard long-established constitutional principles and remake the law according to their preferences, they engage in a revolution that may be no less destructive to a nation’s democratic foundations than an uprising in the streets.
